EdCounsel Memo re: Undocumented Students’ Rights of Equal Access to K-12 Public Schools

Published September 2017
by Scott Palmer, Art Coleman, Steve Winnick, Jamie Fasteau

This memo responds to the Trump Administration’s announcement of its intention to rescind the Deferred Action for Childhood Arrivals (DACA) program over the next 6 months. That action, which is expected to be challenged in court, does not in any way undercut the clear legal rights of undocumented students to attend K-12 public schools free of impediment and harassment. This memo outlines the settled rights of students, regardless of immigration status, to equal access to public education.